Can an employee on maternity leave be dismissed if a fixed term contract expires in the middle of maternity leave?Posted in : First Tuesday Q&A ROI on 3 May 2016 Issues covered:
An employee on a fixed-term contract is entitled to full maternity leave. However, if her fixed-term contract ends before the last day of maternity leave, this counts as the last day of maternity leave. This means that if the fixed-term contract ends during maternity leave, then the employee’s contract of employment terminates on that date.
The fact that the employee is on maternity leave does not have any impact on the expiry of the fixed term contract. An employee’s entitlement to pay in respect of the maternity leave ceases from the date the contract expires. This does not affect the employee’s entitlement to the full 26 weeks of State Maternity Benefit.
Under the Protection of Employment
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
Back to Q&A's This article is correct at 03/05/2016
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.